When should I tell my employer I'm pregnant?
Samantha’s story
After a tough interview process, I was recently offered my dream job working for a professional services firm. I started a few weeks ago, but on my second day of work, I discovered I was pregnant.
I’m so excited about the news, but I’m also worried as it’s very early. My partner is aware, but I haven’t shared it with anyone else.
I’m now starting to feel anxious about my job. I love it here and everyone is lovely. But I’ve heard stories from people who work in other places. I really don’t want to jeopardise my career. I find myself wondering if my boss would have hired me, had known about my pregnancy.
I now have medical appointments stacking up. Until now I’ve booked them as annual leave. But sometimes it can be short notice and my annual leave entitlement is starting to fall.
I’m not sure when to tell my boss I’m pregnant. It still feels too early.
Should I tell them straight away? Or would it be better to wait until a later date?
Maybe once I’ve passed my three-month probationary period?
Thank you.
Samantha
One of our solicitors’ comments on the issues Samantha has raised:
Notification of pregnancy & entitlements
Firstly, it is important for Samantha to distinguish between maternity leave and maternity pay and consider them as 2 separate entitlements.
For maternity leave purposes, a pregnant employee is not required to inform her employer of her pregnancy until the 15th week before the expected week of childbirth. This essentially means by the time you are 25 weeks pregnant, you would need to have had 26 weeks of service.
However, until your employer is aware, you will not be able to benefit from rights such as the entitlement to paid time off for antenatal care, risk assessments and protection from discrimination or dismissal.
To be entitled to statutory maternity pay Samantha would have to be employed continuously for at least 26 weeks before the qualifying week which is the 15th week before her expected week of childbirth. Samantha will not have the required length of service to be entitled to statutory maternity pay.
Samantha may however be entitled to maternity allowance. This is a similar payment to SMP and is a weekly sum paid for up to 39 weeks.
The company that Samantha works for may offer company maternity pay. If so, she may be entitled to receive this depending upon the eligibility criteria. Samantha should look at her contract of employment/staff handbook to see if this is something the company offers.
Dismissal in connection to pregnancy
If Samantha’s employer dismissed her once they were informed of her pregnancy, and her pregnancy was the principal reason for the dismissal it would be an automatic unfair dismissal. This means it is irrelevant that Samantha doesn’t have 2 years’ service, and she would be able to make a claim to an employment tribunal.
The dismissal would also be caught by the Equality Act 2010 as dismissing someone in connection to pregnancy and maternity is discriminatory.
Employers should also be aware that discrimination claims made by employees are uncapped in terms of the amount of compensation they can be awarded.
Samantha could therefore have a very strong claim against her employer should they choose to dismiss her because of her pregnancy.
Time off to attend antenatal appointments
Samantha has the right to paid time off during her working hours to receive antenatal care. This is regardless of her length of service.
Once Samantha has informed her employer there shouldn’t be an issue with this. However, prior to informing her employer, Samantha’s employer is not expected to provide such time off without knowledge of her pregnancy.
If Samantha doesn’t want to tell them yet she could consider taking leave, then, once her pregnancy has been announced, ask if she could have her holidays back and instead rely on her statutory right to paid time off for such appointments. It would be advisable for Samantha to keep a copy of the antenatal appointment letters to provide as evidence if required.
Samantha’s employer could refuse the time off, but only if it’s reasonable to do so. What is reasonable will depend on multiple factors such as;
- Frequency of appointments;
- Amount of notice given; and
- Other holidays being taken within the company.
Samantha is understandably concerned; however, she is afforded protection, she will be entitled to 52 weeks maternity leave, and she will also be entitled to time off for antenatal appointments.
In addition, Samantha may be entitled to receive some form of maternity pay.
If you have a question relating to Employment Law, whether you are an employee or an employer, we’d be more than happy to help. Please feel free to contact us using the details on our website.
Note: The guidance provided above is tailored to the specific scenario and is relevant based on the information available at the time this guidance was provided. However, it is important to note that individual circumstances can vary, and the advice given may not cover all potential factors or changes that could impact the situation. Before acting on any guidance in this blog, it is recommended to seek legal counsel or professional advice for a comprehensive assessment of your specific case.
